The Tax Publishers2020 TaxPub(DT) 2450 (Bang-Trib)

INCOME TAX ACT, 1961

Section 37(1)

Software expenses incurred to acquire right to access to use software for a limited duration, i.e., upto 2 years was to be treated as of revenue in nature.

Capital or revenue expenditure - Software expenses - Right to access to use software for limited duration -

Assessee claimed deduction of software expenses. AO held the expenditure to be of capital in nature. Held: Software expenses were incurred to acquire right to access to use software for a limited duration, i.e., upto 2 years and, therefore, same was to be treated as of revenue in nature.

Followed:CIT v. Toyota Kirloskar Ltd., (2012) 349 ITR 65 (Karn) : 2012 TaxPub(DT) 3179 (Karn-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2005-06


INCOME TAX ACT, 1961

Section 10A

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT